Certain trespass offenses requiring a warrant signed by a judicial officer for immigration enforcement modifications and detainment of persons subject to civil immigration detainers issued by the federal government prohibition

A bill for an act

relating to public safety; modifying certain trespass offenses to require a warrant

signed by a judicial officer for immigration enforcement; prohibiting detention of

persons subject to civil immigration detainers issued by the federal government;

amending Minnesota Statutes 2024, section 609.605, subdivisions 1, 2, 4, 4a;

proposing coding for new law in Minnesota Statutes, chapter 629.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 609.605, subdivision 1, is amended to read:

Subdivision 1.

Misdemeanor.

(a) The following terms have the meanings given them

for purposes of this section.

(1) "Premises" means real property and any appurtenant building or structure.

(2) "Dwelling" means the building or part of a building used by an individual as a place

of residence on either a full-time or a part-time basis. A dwelling may be part of a

multidwelling or multipurpose building, or a manufactured home as defined in section

168.002, subdivision 16
.

(3) "Construction site" means the site of the construction, alteration, painting, or repair

of a building or structure.

(4) "Owner or lawful possessor," as used in paragraph (b), clause (9), means the person

on whose behalf a building or dwelling is being constructed, altered, painted, or repaired

and the general contractor or subcontractor engaged in that work.

(5) "Posted," as used:

(i) in paragraph (b), clause (4), means the placement of a sign at least 8-1/2 inches by

11 inches in a conspicuous place on the exterior of the building, or in a conspicuous place

within the property on which the building is located. The sign must carry a general notice

warning against trespass;

(ii) in paragraph (b), clause (9), means the placement of a sign at least 8-1/2 inches by

11 inches in a conspicuous place on the exterior of the building that is under construction,

alteration, or repair, or in a conspicuous place within the area being protected. If the area

being protected is less than three acres, one additional sign must be conspicuously placed

within that area. If the area being protected is three acres but less than ten acres, two

additional signs must be conspicuously placed within that area. For each additional full ten

acres of area being protected beyond the first ten acres of area, two additional signs must

be conspicuously placed within the area being protected. The sign must carry a general

notice warning against trespass; and

(iii) in paragraph (b), clause (10), means the placement of signs that:

(A) carry a general notice warning against trespass;

(B) display letters at least two inches high;

(C) state that Minnesota law prohibits trespassing on the property; and

(D) are posted in a conspicuous place and at intervals of 500 feet or less.

(6) "Business licensee," as used in paragraph (b), clause (9), includes a representative

of a building trades labor or management organization.

(7) "Building" has the meaning given in section
609.581, subdivision 2
.

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(8) "Judicial officer" means a judge or justice of the United States, a United States

magistrate judge, or a clerk of the court authorized to sign a warrant pursuant to rule 9 of

the Federal Rules of Criminal Procedure.

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(b) A person is guilty of a misdemeanor if the person intentionally:

(1) permits domestic animals or fowls under the actor's control to go on the land of

another within a city;

(2) interferes unlawfully with a monument, sign, or pointer erected or marked to designate

a point of a boundary, line or a political subdivision, or of a tract of land;

(3) trespasses on the premises of another and, without claim of right, refuses to depart

from the premises on demand of the lawful possessor;

(4) occupies or enters the dwelling or locked or posted building of another, without claim

of right or consent of the owner or the consent of one who has the right to give consent,

except in an emergency situation;

(5) enters the premises of another with intent to take or injure any fruit, fruit trees, or

vegetables growing on the premises, without the permission of the owner or occupant;

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(6) enters the premises of another for the purpose of civil immigration enforcement

without (i) a warrant signed by a judicial officer authorizing the arrest or detention of an

individual, and (ii) probable cause to believe that the individual is on the premises;

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(6)
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(7)
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enters or is found on the premises of a public or private cemetery without

authorization during hours the cemetery is posted as closed to the public;

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(7)
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(8)
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returns to the property of another with the intent to abuse, disturb, or cause distress

in or threaten another, after being told to leave the property and not to return, if the actor is

without claim of right to the property or consent of one with authority to consent;

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(8)
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(9)
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returns to the property of another within one year after being told to leave the

property and not to return, if the actor is without claim of right to the property or consent

of one with authority to consent;

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(9)
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(10)
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enters the locked or posted construction site of another without the consent of

the owner or lawful possessor, unless the person is a business licensee;

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(10)
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(11)
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enters the locked or posted aggregate mining site of another without the consent

of the owner or lawful possessor, unless the person is a business licensee; or

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(11)
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(12)
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crosses into or enters any public or private area lawfully cordoned off by or at

the direction of a peace officer engaged in the performance of official duties. As used in

this clause: (i) an area may be "cordoned off" through the use of tape, barriers, or other

means conspicuously placed and identifying the area as being restricted by a peace officer

and identifying the responsible authority; and (ii) "peace officer" has the meaning given in

section
626.84, subdivision 1
. It is an affirmative defense to a charge under this clause that

a peace officer permitted entry into the restricted area.

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EFFECTIVE DATE.

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This section is effective the day following final enactment and

applies to crimes committed on or after that date.

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Sec. 2.

Minnesota Statutes 2024, section 609.605, subdivision 2, is amended to read:

Subd. 2.

Gross misdemeanor.

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(a)
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Whoever trespasses upon the grounds of a facility

providing emergency shelter services for battered women, as defined under section
611A.31,

subdivision 3
, or providing comparable services for sex trafficking victims, as defined under

section
609.321, subdivision 7b
, or of a facility providing transitional housing for battered

women and their children or sex trafficking victims and their children, without claim of

right or consent of one who has right to give consent, and refuses to depart from the grounds

of the facility on demand of one who has right to give consent, is guilty of a gross

misdemeanor.

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(b) Whoever trespasses upon the grounds of a facility described in paragraph (a) for the

purpose of civil immigration enforcement without (1) a warrant signed by a judicial officer

authorizing the arrest or detention of an individual, and (2) probable cause to believe that

the individual is on the premises is guilty of a gross misdemeanor.

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EFFECTIVE DATE.

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This section is effective the day following final enactment and

applies to crimes committed on or after that date.

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Sec. 3.

Minnesota Statutes 2024, section 609.605, subdivision 4, is amended to read:

Subd. 4.

Trespasses on school property.

(a) It is a misdemeanor for a person to enter

or be found in a public or nonpublic elementary, middle, or secondary school building unless
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the person
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:

(1)
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the person
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is an enrolled student in, a parent or guardian of an enrolled student in,

or an employee of the school or school district;

(2)
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the person
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has permission or an invitation from a school official to be in the building;

(3)
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the person
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is attending a school event, class, or meeting to which the person, the

public, or a student's family is invited;
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or
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(4)
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the person
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has reported the person's presence in the school building in the manner

required for visitors to the school
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; or
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(5) if the person is in the building for the purpose of civil immigration enforcement and

the person is alone or accompanied by one other person, either person has (i) a warrant

signed by a judicial officer authorizing the arrest or detention of an individual, and (ii)

probable cause to believe that the individual is in the public or nonpublic elementary, middle,

or secondary school building
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.

(b) It is a misdemeanor for a person to be on the roof of a public or nonpublic elementary,

middle, or secondary school building unless the person has permission from a school official

to be on the roof of the building.

(c) It is a gross misdemeanor for a group of three or more persons to enter or be found

in a public or nonpublic elementary, middle, or secondary school building unless one of the

persons:

(1) is an enrolled student in, a parent or guardian of an enrolled student in, or an employee

of the school or school district;

(2) has permission or an invitation from a school official to be in the building;

(3) is attending a school event, class, or meeting to which the person, the public, or a

student's family is invited; or

(4) has reported the person's presence in the school building in the manner required for

visitors to the school.

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(d) A group of three or more persons in the building for the purpose of civil immigration

enforcement does not violate paragraph (c) if one of the persons has (1) a warrant signed

by a judicial officer authorizing the arrest or detention of an individual, and (2) probable

cause to believe that the individual is in the public or nonpublic elementary, middle, or

secondary school building.

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(d)
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(e)
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It is a misdemeanor for a person to enter or be found on school property within

one year after being told by the school principal or the principal's designee to leave the

property and not to return, unless the principal or the principal's designee has given the

person permission to return to the property. As used in this paragraph, "school property"

has the meaning given in section
152.01, subdivision 14a
, clauses (1) and (3).

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(e)
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(f)
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A school principal or a school employee designated by the school principal to

maintain order on school property, who has reasonable cause to believe that a person is

violating this subdivision may detain the person in a reasonable manner for a reasonable

period of time pending the arrival of a peace officer. A school principal or designated school

employee is not civilly or criminally liable for any action authorized under this paragraph

if the person's action is based on reasonable cause.

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(f)
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(g)
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A peace officer may arrest a person without a warrant if the officer has probable

cause to believe the person violated this subdivision within the preceding four hours. The

arrest may be made even though the violation did not occur in the peace officer's presence.

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EFFECTIVE DATE.

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This section is effective the day following final enactment and

applies to crimes committed on or after that date.

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Sec. 4.

Minnesota Statutes 2024, section 609.605, subdivision 4a, is amended to read:

Subd. 4a.

Trespass on a school bus.

(a) As used in this subdivision, "school bus" has

the meaning given in section
169.011, subdivision 71
.

(b) As used in this subdivision, "pupils" means persons in grades prekindergarten through

grade 12.

(c) A person who boards a school bus when the bus is on its route or otherwise in

operation, or while it has pupils on it, and who refuses to leave the bus on demand of the

bus operator, is guilty of a misdemeanor.

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(d) A person who boards a school bus for the purpose of civil immigration enforcement

when the bus is on the bus route or otherwise in operation, or while the bus has pupils on

it, without (1) a warrant signed by a judicial officer authorizing the arrest or detention of

an individual, and (2) probable cause to believe that the individual is on the premises is

guilty of a misdemeanor.

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EFFECTIVE DATE.

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This section is effective the day following final enactment and

applies to crimes committed on or after that date.

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Sec. 5.

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[629.80] CIVIL IMMIGRATION ENFORCEMENT; ARREST AND

DETENTION.

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Subdivision 1.

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Definitions.

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(a) For purposes of this section, the following terms have

the meanings given.

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(b) "Civil immigration warrant" means a document, regardless of whether it is entered

in the National Crime Information Center database, signed by a person other than a judge

or justice of the United States, a United States magistrate judge, or a clerk of the court

authorized to sign a warrant pursuant to rule 9 of the Federal Rules of Criminal Procedure

that authorizes or requests the arrest or detention of a person pursuant to federal immigration

law.

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(c) "Jailer" means a person responsible for operating or administering a state or local

correctional facility, jail, or secure treatment facility located in the state.

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(d) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph

(c).

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Subd. 2.

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Prohibition.

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A peace officer or jailer may not arrest, hold, or otherwise detain

a person solely based on a civil immigration warrant.

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